The Comprehensive

Agrarian Reform
Program (CARP), its
etymology
1987 Philippine Constitution
Article XIII Social Justice and Human Rights

Section 4. The State shall, by law, undertake an agrarian reform

program founded on the right of farmers and regular farmworkers who are
landless, to own directly or collectively the lands they till or, in the case of
other farmworkers, to receive a just share of the fruits thereof. To this end,
the State shall encourage and undertake the just distribution of all
agricultural lands, subject to such priorities and reasonable retention limits
as the Congress may prescribe, taking into account ecological,
developmental, or equity considerations, and subject to the payment of just
compensation. In determining retention limits, the State shall respect the
right of small landowners. The State shall further provide incentives for
voluntary land-sharing.
 President Corazon C. Aquino issued EO No. 228, declaring full
land ownership in favor of the beneficiaries of PD No. 27 and providing the
for the valuation of still unvalued lands covered by the decree as well as
the manner of their payment. This was followed by Presidential
Proclamation No. 131, instituting a comprehensive agrarian reform program
(CARP), and EO No. 229, providing the mechanics for its implementation.

Subsequently, with its formal organization, the revived Congress

of the Philippines took over legislative power from the President and started
its own deliberations, including extensive public hearings, on the
improvement of interests of farmers. The result, after almost a year of
spirited debate, was the enactment of RA No. 6657, otherwise known as
the Comprehensive Agrarian Reform Law of 1988.
 Section 4. Scope

The Comprehensive Agrarian Reform Law s

hall cover, regardless of tenurial arrange
ment and commodity produced, all publi
c and private agricultural lands, as provid
ed in Proclomation No. 131 and Executiv
e Order No. 229, including other lands of
the public domain suitable for agricultur
 More specifically the following lands are cover
ed by the Comprehensive Agrarian Reform Pro
• All alienable and disposable
gram:lands of the public dom
ain devoted to or suitable for agriculture;
• All lands of the public domain in excess of the specif
ic limits as determined by Congress in the preceding
paragraph;
• All other lands owned by the Government devoted t
o or suitable for agriculture; and
• All private lands devoted to or suitable for agricultur
e regardless of the agricultural products raised or th
at can be raised thereon.
 Section 6. Retention Limits
Except as otherwise provided in this Act, no perso
n may own or retain, directly, or indirectly, any p
ublic or private agricultural land, the size of whic
h shall vary according to factors governing a via
ble family-size farm, such as commodity produce
d, terrain, infrastructure, and soil-fertility as deter
mined by the President Agrarian Reform Council
created hereunder, but in no case shall retention
by the landowner exceed five hectares.
 Section 10. Exemptions and Exclusions
Lands actually, directly and exclusively used and found to be necessa
ry for parks, wildlife, forest reserves, reforestation, fish sanctuaries
and breeding grounds, watersheds, and mangroves, national defe
nse, school sites and campuses including experimental farm statio
ns operated by public or private schools for educational purposes
, seeds and seedlings research and pilot production centers, churc
h sites and convents appurtenant thereto, mosque sites and Islam
ic centers appurtenant thereto, communal burial grounds and ce
meteries, penal colonies and penal farms actually worked by the i
nmates, government and private research and quarantine centers
and all lands with eighteen percent (18%) slope and over, except t
hose already developed shall be exempt from the coverage of the
Act.”
 Section 56. Special Agrarian Court
The Supreme Court shall designate at least o
ne (1) branch of the Regional Trial Court (RT
C) within each province to act as a Special
Agrarian Court.
The Regional Trial Court (RTC) judges assigne
d to said courts shall exercise said special ju
risdiction in addition to the regular jurisdicti
on of their respective courts.
 Section 57. Special Jurisdiction

The Special Agrarian Courts shall have orig

inal and exclusive jurisdiction over all pet
itions for the determination of just comp
ensation to landowners, and the prosecu
tion of all criminal offenses under this Ac
t.
 Section 65. Conversion of Lands

After the lapse of five (5) years from its award, whe
n the land ceases to be economically feasible an
d sound for agricultural purposes, or the locality
has become urbanized and the land will have a
greater economic value for residential, commerci
al or industrial purposes, the DAR, upon applicat
ion of the beneficiary or the landowner, with due
notice to the affected parties, and subject to exis
ting laws, may authorize the reclassification or c
onversion of the land and its disposition.
PD 27
Purchase by small farmers
of land they are tilling
• Landowners of agricultural lands which were devoted primarily to rice
and corn production and exceeded the minimum retention area of 7
has. were thus compelled to sell, through the intercession of the gov
ernment, their lands to qualified farmers at liberal terms and conditio
ns, subject to particular terms and conditions the compliance with wh
ich is necessary in order that the grantees can claim the right of abso
lute ownership over them:

(1) The total cost of the land, including interest at th

e rate of six (6) per centum per an
num, shall be paid by the tenant in fifteen (15) years of
fifteen (15) equal annual amortizations;
(2) That he must be a member of a barrio association
upon organization of such association in his localit
y.
Constitutionality of RA No. 6657
Section 4, Article XIII of the 1987 Constitution, which provides:
“SEC. 4. The State shall, by law, undertake an agra
rian reform program founded on the ri
ght of farmers and regular farmworkers, who are landless, to
own directly or collectively the lands they till or, in the case of
other farmworkers, to receiv
e a just share of the fruits thereof. To this end, the
State shall encourage and undertake the just distribution of all
agricultural lands, subject to
such priorities and reasonable retention limits as the Co
ngress may prescribe, taking into account ecological, develop-mental,
or equity considerations, and subject to the payment of just
compensation. In determining retention limits, the State
shall respect the right of small land- owners. The State
shall further provide incentives for voluntary land-
sharing.”
SCOPE OF THE COM
PREHENSIVE AGRA
RIAN REFORM PRO
GRAM (CARP)
Section 4, article xiii
The Constitution mandates the just distribution o
f all agricultural lands, subject to such priorities a
nd reasonable retention limits which Congress m
ay prescribe, taking into account ecological, devel
opmental or equity considerations and subject to
the payment of just compensation.

17
 The State recognizes that there is
not enough agricultural land to b
e divided and distributed to each
farmer and regular farm worker so
that each one can own his/her ec
onomic-size family farm.

18
 A meaningful agr
CARarian reform prog
P ram
Uplift the lives and economic status of the farmer
and his/her children can only by achieved throug
h simultaneous industrialization aimed at develop
ing a self-reliant and independent national econo
my effectively controlled by Filipinos.
Agrarian reform shall cover, regardl
ess of tenurial arrangement and co
mmodity produced, all public, and p
rivate agricultural lands.

20
Jurisdiction of the
Department of Agrarian Reform
 Quasi-Judicial Powers of the DAR
1. Determine and adjudicate agrarian reform matters
2. Exclusive original jurisdiction over all matters involving
implementation of agrarian reform. Exception: those fallin
g under the exclusive original jurisdiction of the DENR an
d the DA
3. Powers to punish for contempt and to issue subpoena
, subpoena duces tecum and writs to enforce its order or
decisions
Note: The decisions of the DAR may, in proper cases, be
appealed to the Regional Trial Courts but shall be immedi
ately executory notwithstanding such appeal.”
The Supreme Court designated the Regional Tri
al Court as special agrarian court
Would it overlap the power vested on DAR?
No, because under RA No. 6657, Section 56 and 57, the
Regional Trial Court as special agrarian court is delimited
only to the following instances:
1. Petitions for the determination of just compensation t
o landowners; and
2. The prosecution of criminal offenses under said Act
 Therefore,
All controversies on the implementation of the CARP fall under the ju
risdiction of the Department of Agrarian Reform (DAR), even though
they raise questions that are also legal or constitutional in nature. All
doubts should be resolved in favor of the DAR, since the law has gra
nted it special and original authority to hear and adjudicate agrarian
matters

This is pursuant to:

– EO No. 229, Section 17
– RA No. 6657, Section 50
Decisions of “Special Agrarian Courts” appeal
able to the Court of Appeals.
It relevant to mention in this connection that-

(1) Appeals from decisions of the Special Agrarian

Courts may be taken by filing a petition for review
with the Court of Appeals within fifteen (15) days fr
om receipt or notice of the decision.
(2) Appeals from any “decision, order, award or ruling of the
DAR on any agrarian dispute or on any matter pertaining to the
application, implementation, enforcement, or interpretation of t
his Act and other pertinent laws on agrarian reform may be bro
ught to the Court of Appeals by certiorari, except as otherwise
provided,
Within fifteen(15) days from receipt of a copy thereof, the findin
gs of fact of the DAR being final and conclusive if based on sub
stantial evidence.
Meaning of the phrase “
deemed to be the owner
” under PD No. 27
In Pagtalunan v. Tamayo, the Court, through Justice C
ortes, held that the phrase “deemed to be the owner” a
s used to describe the grantee of a certificate of land tr
ansfer must be construed within the policy framework
of PD No.27.
Landowners of agricultural lands which were devoted primaril
y to rice and corn production and exceeded the minimum rete
ntion area were thus compelled to sell, through the intercessio
n of the government, their land s to qualified farmers at liberal
terms and conditions.
The grantee is deemed to be the owner of the agricultural lan
d described in the certificate of land transfer (CLT) “subject to
the conditions that the cost of the portion herein transferred to
the tenant farmer as fixed by the authorities concerned.
And that the title to the land herein shall not b
e transferred except by hereditary succession or
to the government in accordance with the provi
sions of Presidential Decree number 27, the cod
e of Agrarian Reform and other existing laws an
d regulations.
The mere issuance of the certificate of land transfer do
es not vest in the farmer/grantee ownership of the land
described therein.
 The certificate simply evidences the government’s recognition
of the grantee as the party qualified to avail of the statutory m
echanisms for the acquisition of ownership of the land tilled by
him as provided under PD No. 27. Neither is this recognition p
ermanent
Failure on thenor
partirrevocable.
of the farmer/grantee to comply with his ob
ligation to pay his lease rentals or amortization payments whe
n they fall due for a period of two (2) years to the landowner o
r agricultural lessor is a ground for forfeiture of his certificate o
f land transferv.(Sec.2,
In Quiban PDthe
Butalid, No. 816).through Justice Gancayco, furt
court,
Meaning
her explainedof thatthe
with phra
the issuance of the certificate of land tr
se “deemed
ansfer and complianceto bybethetgrantee of the implementing rul
es and regulations of the Department of Agrarian Reform, he i
he owner”
s thereby deemedunder
to be the Powner of the agricultural land in q
There is no more landlord and tenant relationship an
d all that remains is for the Department of Agrarian R
eform to determine the valuation of the land in accor
dance with existing rules and regulations for purpose
s of compensation to the land owner.
 THANKS
FOR
LISTENING!
GODBLESS US ALL!
 Land Acquisition
Section 16. Procedure for Acquisition of private lands – For purposes of acquisition of pri
vate lands, the following procedures shall be followed
1. After having identified the land, the landowners and the beneficiaries, the DAR shall se
nd its notice to acquire the land to the owners thereof, by personal delivery or register
ed mail, and post the same in a conspicuous place in the municipal building and bara
ngay hall of the place where the property is located. Said notice shall contain the offer
of the DAR to pay a corresponding value in accordance with the valuation set forth in
Section 17, 18, and other pertinent provisions hereof.
2. Within 30 days from the date of receipt of written notice by personal delivery or regist
ered mall, the landowner, his administrator or representative shall inform the DAR of hi
s acceptance or rejection of the offer.
3. If the landowner accepts the offer of the DAR, the Land Bank of th
e Philippines shall pay the landowner the purchase price of the la
nd within 30 days after he executes and delivers a deed of transfe
r in favor of the Government and surrenders the Certificate of Titl
e and other monuments of title.
4. (d) In case of rejection or failure to reply, the DAR shall conduct s
ummary administrative proceedings to determine the compensati
on for the land by requiring the landowner, the LBP and other int
erested parties to submit evidence as to the just compensation fo
r the land, within fifteen (15) days from the receipt of the notice.
After the expiration of the above period, the matter is deemed su
bmitted for decision. The DAR shall decide the case within thirty (
30) days after it is submitted for decision.
5.Upon receipt by the landowner of the corresponding payment or, in case of rejectio
n or no response from the landowner, upon the deposit with an accessible bank d
esignated by the DAR of the compensation in cash or in LBP bonds in accordance
with this Act, the DAR shall take immediate possession of the land and shall reque
st the proper Register of Deeds to issue a Transfer Certificate of Title (TCT) in the
name of the Republic of the Philippines. The DAR shall thereafter proceed with th
e redistribution of the land to the qualified beneficiaries.

6. Any party who disagrees with the decision may bring the matter to the court of pr
oper jurisdiction for final determination of just compensation.